11—Insertion of sections 28AA and 28AAB
After section 28 insert:
28AA—Applications to be given to Commissioner of Police
(1) The Commissioner
must give the Commissioner of Police a copy of each application for consent
under section 28.
(2) As soon as
reasonably practicable following receipt of an application under
subsection (1), the Commissioner of Police—
(a) must
make available to the Commissioner information about criminal convictions; and
(b) may
make available to the Commissioner other information to which the Commissioner
of Police has access,
relevant to whether the application should be granted.
28AAB—Discretion to grant or refuse application under section 28
(1) Subject to this
Act, the Commissioner has an unqualified discretion to grant or refuse an
application for consent under section 28 on any ground, or for any reason,
that the Commissioner thinks fit.
(2) The Commissioner
should not grant an application for consent under section 28 as a matter of
course without a proper inquiry into its merits (whether or not the
Commissioner of Police has intervened in the proceedings or there are any
objections to the application).
(3) An application for
consent under section 28 can only be granted if the Commissioner is satisfied
that to grant the application would not be contrary to the public interest.